HUMBLE BUMBLE PROJECT, INC.
What is Personal Information?
Personal and Other Information Collected by HBP
Your name, mailing address, and/or email address;
For children, the name, mailing address and/or email address of a parent or legal guardian;
Date of birth;
Donation and fundraising events and history;
Forum/Guestbook communications and photos; and
Complaints you may have about the Sites and any of their content and offerings.
We may collect information through technology for routine system administration purposes, to make our Website more interesting and useful to you, to manage content delivery and for various other purposes related to our foundation. We use this information to understand which areas of our Sites are most appealing or least appealing, or to deliver content that is specific to your country or area of residence.
For instance, when you come to one of our Sites, we may collect your Internet Protocol (“IP”) address. An IP address is associated with the access point though with you enter the Internet and is typically controlled by your Internet Service Provider (“ISP”), your company or your school. Standing alone, your IP address is not personally identifiable. We may use IP addresses to collect information regarding the frequency with which Users visit various parts of our Sites, and we may combine IP addresses with personally identifiable information.
We reserve the right to collect, use and disclose your personal information without consent where required or permitted by law.
Why Does HBP Collect Personal Information?
HBP collects personal information for the following reasons:
To provide you with the information, products or services you have requested, including processing your payment or donation;
To better understand you and to allow us to serve you better through more detailed information, enhanced customer service and directed Humble Bumble Project, Inc. promotional efforts of particular interest;
To properly investigate and respond to any complaints, questions or concerns you may have about our products or our Website; and
To determine your eligibility for our products and services.
If you opt-in to receive information, offers, promotions or other content from HBP, your information will be used to provide you with offers for HBP products or information that we believe may interest you and to solicit your opinion on our products, services and information. If you have opted in to receive such information and offers, we may also use your personal information to ensure that your contact information is accurate and up to date.
What Kind of Personal Information Does HBP Disclose, to Whom and Why?
HBP may share your personal information with certain HBP affiliates, and their respective successors and assigns, but only to the extent necessary to fulfill the purposes identified above. In addition to this sharing with affiliates, HBP may disclose your personal information to third parties as follows:
To Third Parties To Perform Processing and Other Specialized Services: At times, HBP may use outside organizations to perform specialized services such as, but not limited to, credit card processing and order fulfillment. These service providers are only given the information needed to perform those services and they are bound contractually to protect the privacy and security of your information and to limit the use of your information to the service being provided.
To Third Parties in the Event of Legal Reasons: We advise you that we may disclose personal information to the government or other legal or regulatory authorities (i) if so ordered by a court of law, or (ii) for other legal reasons, such as (a) to comply with legal process such as a search warrant, subpoena or court order; (b) to protect HBP's rights and property; (c) to investigate reports of fraud or of Users sending material using a false email address or Users sending harassing, threatening, or abusive messages; (d) to protect against misuse or unauthorized use of our Website; or (e) in emergencies, such as when we believe someone's physical safety is at risk. In some cases, disclosure to third parties may be required by law to be without notice to you.
To a Third Party in the Event of a Significant Transaction or Other Event: In the case of any significant transaction or event involving HBP or any of its affiliated entities such as, by way of example, a sale, merger, amalgamation, financing, re-organization, liquidation, or insolvency, other parties to the transaction and their professional advisors may need to have access to HBP's various databases as part of the due diligence process. In this event, HBP would only provide such access under terms of a strict confidentiality agreement. Upon completion of the transaction or event, your personal information would be transferred to HBP's successor-in-interest.
You May Disclose Personal Information on an HBP Site
HBP provides several opportunities on our Website and on Third Party Sites to disclose personal information, such as when you list upcoming fundraising activities on a user page or in connection with your use of other Services provided by HBP. Our Sites may offer message boards, conversation pages, profile pages, blogs, fundraising pages, public forums and other features in which you provide us with User Content. Your use of these features and your disclosure of personal information with respect to these features is completely voluntary; however, if you provide personal information when you use any of these features, that personal information may be publicly posted and otherwise disclosed without limitation as to its use by a third party.
How Long Does HBP Retain Personal Information?
We may keep your personal information until we no longer retain it, or until you ask us to delete it, subject to any legal requirements, including statutory retention periods.
What Security Measures Does HBP Have in Place To Safeguard Personal Information?
HBP has implemented physical, electronic and administrative measures to reasonably protect your information from error, loss or unauthorized access. For example, we use encryption, passwords and firewalls to safeguard the confidentiality of your personal information contained on our computer systems. In addition, our employees and any third parties we use are contractually bound to protect the confidentiality of your information and access is restricted to those with a need to know the information to carry out the identified purpose. From time to time, we review our security procedures to protect our Users’ personal information in order to consider appropriate new technology and methods; however, despite our efforts, no security measures are perfect or impenetrable.
Where is my Personal Information Located?
Non-personal or aggregated information is information that cannot be associated with or traced back to a specific person. When Users browse our Website, for example, we may gather information about the number of Users who are viewing each page so that we can learn what features generate the most interest. We also use this data, both aggregated and personally identifiable, to personalize and enhance your onsite experience by displaying content that we believe will be of interest to you and to deliver content that is specific to your interest. We may disclose anonymous, aggregated information about our Sites to third parties.
Links to Third Party Sites
Users may, through hypertext or other computer "links," gain access to other websites on the Internet which are not operated or monitored by HBP. HBP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HBP of the website or content linked to. HBP ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE WEBSITE OPERATED BY HBP AND ITS AFFILIATES, INCLUDING ANY WEBSITE WHICH MAY BE ACCESSED THROUGH A LINK ON AN HBP-OPERATED SITE. Unless otherwise indicated at an HBP-operated Site, HBP is not sponsored by or affiliated with the linked website, and trademarks used in connection with linked website are not trademarks of HBP. HBP specifically disclaims responsibility for any inadvertent viewing by a minor of any material intended for adults on a website accessed through use of a linked website.
How To Control How Your Personal Information is Collected, Used and Disclosed
You have control over how we collect, use and disclose your personal information. Any comments, questions or changes regarding the collection, use and disclosure of your personal information shall be directed to an HBP representative, as described below.
You may choose not to receive email from us, even after granting permission, by unsubscribing. Instructions on how to unsubscribe from emails that are not related to the processing of your transactions with us are included in each such email.
A request for a copy of the personal information we keep about you, depending on the laws of your country, must be made in writing giving details with which HBP can identify you. Information will be furnished in accordance with applicable law.
Questions, Comments or Accessing or Updating Your Personal Information:
Please note that certain information is required by HBP to process payment and fulfill any orders or donations that you may place through the Website, and if you withdraw your consent to the collection, use or disclosure of your personal information for these purposes, then HBP will not be able to fulfill your orders or process donations.
Users Outside of the United States
Involvement of parents: In accordance with the provisions of COPPA, we will notify parents when collecting personal information from children, and will seek parental consent before collecting, using, or disclosing certain personal information from children. Parents may review and have deleted their child's personal information and may refuse to permit further collection or use of their child's information by contacting the HBP representatives listed herein. Parents may consent to our collection and use of their child's personal information without consenting to the disclosure of that information to others.
Parents and legal guardians may contact HBP as follows:
Humble Bumble Project, Inc.
23 East Ave #2, Wellsboro, PA 16901
Phone: (570) 439-648
HUMBLE BUMBLE PROJECT, INC.
Humble Bumble Project, Inc. operates a website, (the “Website”) and several web pages on other web sites (e.g., Facebook and Twitter) (“Third Party Sites,” and together with the Website, the “Sites”). The Sites are owned and operated by Humble Bumble Project, Inc. (“HBP”), a Pennsylvania 501(c)(3) corporation, which is located at 23 East Ave #2, Wellsboro, PA 16901. If you have any questions regarding the Sites, they can be sent to our attention at this address. You may also contact Humble Bumble Project, Inc. by email at email@example.com.
Through the Sites, you may, among other things, learn more about the HBP and about issues surrounding pediatric and adolescent and young adult (AYA) cancer, donate to fight pediatric and AYA cancer or otherwise get involved with HBP through registering, fundraising and participating in events, and user fundraising pages, including blog comments. We hope that you will enjoy our Sites and will visit us often. So that you may fully enjoy our Sites, we would like you to be aware of the rules that will govern your use of the Sites.
4. Links to Other Websites
5. Ownership of Intellectual Property and Restrictions on Use of HBP Materials
Without limiting the generality of the foregoing, you agree that you shall not (i) download or copy any of the Sites pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Sites for your own personal, non-commercial use; (ii) download or copy the Sites’ information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Sites or the HBP Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Sites or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Sites and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of HBP or its licensors; or (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of HBP or its licensors.
6. User Content
You acknowledge and agree that you will not receive any compensation whatsoever in connection with the use and exploitation by HBP or its affiliates of any User Content
7. User Code of Conduct
The Sites are provided by HBP and are intended to be used in a safe and enjoyable fashion. You are responsible for the content of any material you enter on the Sites. Users of the Sites acknowledge and agree that they may not:
Use the Sites in such a way as to offend or interfere with the use by anyone else of the Sites;
Upload, submit, publish, transmit, display, disseminate or otherwise communicate (or attempt to do any of the foregoing) any materials while connected to or otherwise using this Sites that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) which are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy.
Use the Sites for any unlawful purpose, including attempting to or engaging in any criminal activity including, child pornography, stalking, sexual assault, harassment or fraud, or otherwise use the Sites to in any way harm minors;
Impersonate any other person or entity, falsely state such user’s affiliation with such other person or entity or submit any personal information to the Sites, about the user or others, that is not accurate or truthful;
Attempt to circumvent the security systems of the Sites;
Attempt to gain access to any other User's accounts or to HBP’s computer systems (Users should recognize that not all areas of the Sites may be available to you);
Attempt to harvest or otherwise collect information about other Users without their consent;
Attempt to use the Sites for any purposes other than those intended by HBP; or
Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment
HBP cannot and does not guarantee that other Users of the Sites will abide with the rules above or otherwise herein.
8. Use of Services
HBP reserves the right to establish general practices and limits concerning the Services and user accounts at any time (and may modify such practices and limits at its sole discretion), including without limitation the maximum number of days that your or any third-party's information, pictures, User Content or email will be retained. HBP shall have no responsibility or liability in connection with the Services, including in relation to any deletion or failure to store your information, pictures, content or email provided by you, regardless of whether such deletion or failure was due to the established practices or limits of the Services or as a result of error, intentional misconduct, or negligence of HBP.
HBP reserves the right at any time, and from time to time, to modify or discontinue, either temporarily or permanently, any one or more of the Sites or the Services (or any part thereof) with or without notice. You agree that HBP shall not be liable to you or to any third party for any such modification, suspension or discontinuance of any Sites or Services.
9. Your Obligations
In exchange for receiving the Services, you agree that you will not use the Services for any purpose other than in connection with helping HBP fulfill its mission, which is to change the lives of children with cancer through funding impactful research, raising awareness, supporting families, and empowering everyone to help cure childhood cancer. Furthermore, you agree to use the Services in accordance with all of the Terms.
You may select a log-in and password upon completing the user account's registration process for which you are responsible for maintaining the confidentiality. In addition, you accept full responsibility for all activities that occur under your log-in and password. Without limiting the foregoing, you must immediately notify HBP of any unauthorized use of your password or account or any other known or suspected breach of security with respect to the Services.
10. Termination of Services
Termination of your HBP account may include, at HBP's sole discretion, (i) removal of access to all offerings within the Services, (ii) deletion of your user name and password and all email, information, files and content associated therewith, and (iii) barring further use of the Service.
You also agree that HBP shall not be liable to you or any third-party for any termination of your access to the Services. Upon termination, HBP will have no further obligation or responsibility to you with respect to the Services terminated, and you will have no further obligation or responsibility to HBP with respect to the Services terminated, other than any liability, responsibility, or obligation of either party existing or arising prior to the effective date of such termination.
11. Participation in Events Waiver
From time to time, you may choose to register for and engage in events, activities and other fundraising and related programs (collectively, the “Events”) through the Sites, including but not limited to, holding benefit events, participating in runs or races, golf outings and other activities to raise money and awareness of HBP and its mission. HBP appreciates and encourages your involvement in such Events, but in connection therewith, your participation is subject to the following terms and conditions.
WAIVER, INDEMNITY AND RELEASE OF LIABILITY:
You acknowledge, agree and understand that while participating in any Event or in training programs and other related activities, you may be using public streets and facilities where many hazards exist and you are aware of and appreciate the risks that may result. You acknowledge, agree and understand that accidents may occur during your participation in Events which could result in serious injury or death. Your participation in all such Events is voluntary with knowledge of all such risks, and you agree to take all necessary precautionary measures, such as wearing protective gear, in accordance with applicable law.
You acknowledge, agree and intend by the foregoing Waiver and Release of Liability to release in advance, and to waive your rights and to discharge all of the releasees (as defined above), from all claims, losses or liabilities for death, bodily injury or property damage that you may have, or which may hereafter accrue to you, as a result of your participation in any Event, EVEN THOUGH THAT LIABILITY MAY ARISE FROM NEGLIGENCE OR CARELESSNESS ON THE PART OF THE RELEASEES, from dangerous or defective property or equipment owned, maintained or controlled by them or because of their possible liability without fault. You acknowledge, agree and understand that this Waiver and Release of Liability is binding on your heirs, assigns and legal representatives.
You understand that your name, photograph, voice or likeness may be used for all promotional purposes related to your participation in an Event by HBP and its affiliates and employees. You consent to and authorize, in advance, such use and waive all rights of privacy you have in connection therewith, and you understand that you will not benefit financially from any such use.
On behalf of any minor participants, such minor’s parent or legal guardian hereby irrevocably and unconditionally agrees to all of the terms of the Release and Waiver of Liability. Such parent and legal guardian also, for themselves and on behalf of the applicable minor, and their heirs, estate, insurers, successors and assigns, hereby release, indemnify and hold harmless the releasees, with respect to any and all claims or causes of action they or the applicable minor may have for damages for personal or bodily injury, disability, death, loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF ANY OR ALL OF THE RELEASEES OR OTHERWISE, WHETHER OR NOT NEGLIGENCE HAS BEEN PROVEN, to the fullest extent permitted by law.
By registering for any Event, continued use of the Sites or any Services in connection with any Event, or selecting the “I AGREE” button you are agreeing to these terms and conditions, including waiving legal rights with complete knowledge of the risks and at your own free will.
The publication of electronic mail addresses on the Sites is to facilitate communications relating to the functions of the Sites and must not be inferred as consent by us to receiving unsolicited commercial electronic messages. You agree that you will not spam or otherwise send unsolicited mailings to any person or entity using the Sites.
THE USE OF THE SITES OR THE SERVICES OR PARTICIPATION IN ANY EVENT IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITES AND THE HBP MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE HBP GROUP DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SITES, THEIR CONTENTS, THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITES, OR ASSOCIATED WITH THE USE OF THE SITES, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED.
IN ADDITION, THE HBP GROUP DOES NOT WARRANT THAT THE SITES OR THE SERVERS THAT MAKE THE SITES AND ITS CONTENTS AVAILABLE WILL WORK WITH ANY PARTICULAR HARDWARE OR SOFTWARE SYSTEMS OR CONFIGURATIONS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FINALLY, THE HBP GROUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE SITES, THE SERVICES OR THE HBP MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE SITES AND ANY HBP MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION TO ANY PRODUCTS ORDERED BY YOU THROUGH THE SITES. IF YOUR USE OF THE SITES OR THE HBP MATERIALS RESULTS IN THE NEED FOR SERVICING, UPDATING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, YOU AND NOT THE HBP GROUP ARE RESPONSIBLE FOR THOSE COSTS.
SOME JURISDICTIONS MAY NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED.
14. Limitations of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE HBP GROUP BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES, ANY EVENT, GIFT SHOP ITEMS OR ANY OF THE HBP MATERIALS OR CONTENTS WITH WHICH IT IS LINKED, EVEN IF THE HBP GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, HBP IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THE SITES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF THE HBP GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION AND COSTS AND EXPENSES (INCLUDING LEGAL FEES) WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, RELATED TO YOUR USE OF, OR THE INABILITY TO USE, THE SITES, THE SERVICES, ANY EVENT, GIFT SHOP ITEMS OR ANY OF THE HBP MATERIALS OR FUNCTIONS AT THE SITES, EXCEED THE LESSER OF (I) THE AMOUNT, IF ANY, PAID BY YOU IN CONNECTION WITH YOUR ACCESS, USE AND/OR PURCHASES MADE ON THE SITES OR (II) $100.
NOTWITHSTANDING THE GENERALITY OF THE ABOVE, HBP DOES NOT SEEK TO LIMIT ITS LIABILITY IN RESPECT OF FRAUD OR FOR DEATH OR PERSONAL INJURY CAUSED BY HBP'S NEGLIGENCE OR THAT OF ITS EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS EMPLOYEES OR REPRESENTATIVES OF HBP.
16. Jurisdictional Issues and Dispute Resolution
17. Dispute Resolution
18. Waiver of Jury Trial and Class Actions
19. Final Note to Parents
The Internet offers a world of opportunity for children. Your guidance and involvement are essential to help ensure that children have a safe and rewarding online experience. If you are resident in the United States, we encourage you to visit The Direct Marketing Association's Web site (http://www.the-dma.org/). It contains a number of valuable resources to help parents and children be aware of and express their preferences about information that is collected online and how it is used. Your efforts to instill responsible information practices will help steer your children to age-appropriate sites and will go a long way toward ensuring that your children have enriching experiences online.
20. General Provisions
21. Current and Prior Versions of These Terms
The Terms were last revised and posted May, 12, 2019, and effective on that date. Prior versions of these Terms include the following:
Prior to May, 12, 2019
If you agreed to be bound by a prior version of these Terms, but do not agree to be bound by the current version of these Terms, then cease using the Sites, the Service and you will continue to be bound by the applicable version of these Terms that you agreed to. Otherwise, by continuing to use the Sites and the Services, you agree to be bound by the current version of these Terms instead of any prior version of these Terms.